assumpsit


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as·sump·sit

 (ə-sŭmp′sĭt)
n.
1. An agreement or promise made orally or in writing not under seal; a contract.
2. A legal action seeking compensation for the nonperformance of a contract that was not officially approved or recorded.

[New Latin assūmpsit, from third person sing. perfect tense of Latin assūmere, to undertake; see assume.]

assumpsit

(əˈsʌmpsɪt)
n
(Law) law (before 1875) an action to recover damages for breach of an express or implied contract or agreement that was not under seal
[C17: from Latin, literally: he has undertaken, from assūmere to assume]

as•sump•sit

(əˈsʌmp sɪt)

n.
1. a legal action for a breach of agreement.
2. an actionable promise.
[1605–15; < Latin: he has taken up]
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References in periodicals archive ?
assumpsit tristitiam maximam quantitate absoluta, non tamen excedentem regulam rationis.
121) Voir AWB Simpson, A History of the Common Law of Contract: The Rise of the Action of Assumpsit, Oxford, Clarendon Press, 1987 a la p 118 et s.
assumpsit (to recover damages for breach of contract), general
Eventually this led to actions for breach of contract, called assumpsit at the time.
The very first paragraph is largely meaningless without an understanding of such terms as assumpsit (the first word of the opinion), writ, count, nonsuit, and exception.
A subset of case, assumpsit, dealt in part with careless execution
Circuit Court in 1817 held that a "fee as counsellor could not be recovered at law," but "a legal attorney's fee could be recovered in assumpsit.
There were certainly some advantages associated with the conditional bond, but commercial parties also frequently use other forms of action like trespass and assumpsit, both of which were tried before a jury but which did not require a deed.
Bunker reads Bertram's letter to Helena as a legal contract that "establishes the assumpsit parameters" (62), which she enterprisingly fulfills in order to achieve her desired spouse and raise her social position.
El Tostado analiza alli el pasaje referido a las tentaciones de Cristo correspondiente a Mateo 4, 8 (Iterum assumpsit eum diabolus in montem excelsum valde et ostendit ei omnia regna mundi et gloriam eorum) en el cual Jesus es transportado por el demonio a la cima de una montana (33).
Therefore, pleading in indebitatus assumpsit rather than tort would result in payment of the defendant's ill-gotten gains to the plaintiff as if those gains were owed to the plaintiff as a debt.